4.4. SR 05-20-2013 - Laserfiche WebLink

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Section 5. That Section 82-34 of the City of Elk River Code of Ordinances,titled Declaration of Nuisance, shall be amended to read as follows: Q Any ash tree or part thereof,infected to any degree with the Emerald Ash Borer Q Any other tree infected with a disease or insect infestation Section 6. That Section 82-35 of the City of Elk River Code of Ordinances,tided Inspections;right of entry;identification of diseased trees, shall be amended to read as follows: (a) The city administrator or designee shall inspect all premises and places in the city as often as deemed appropriate to determine whether any condition described in section 82-34(a) exists within the city. The city administrator or designee shall investigate all reported incidents of infestation by oak wilt fungus,Dutch elm fungus,or Dutch elm bark beetles, Emerald Ash Borer or any other disease or insect infestation of trees. (c) The city administrator or designee shall identify diseased or insect infested trees by generally accepted field symptoms such as wilting,yellowing of leaves or staining of wood,in accordance with state department of agriculture rules and regulations,AGR 106. Laboratory confirmation by the state department of agriculture will be used only when it is necessary. Section 7. That Section 82-37 of the City of Elk River Code of Ordinances,tided Treatment or removal of infected trees and wood, shall be amended to read as follows: In abating the nuisances described in this article,the city administrator or designee shall cause the infected tree or wood to be sprayed,removed,burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of oak wilt,or Dutch elm disease, Emerald Ash Borer or any other disease or insect infestation. Such abatement procedures shall be carried out in accordance with current technical and expert opinions as may be designated by the state commissioner of agriculture and as approved by other appropriate state agencies. Section 8. That Section 82-38 of the City of Elk River Code of Ordinances,tided Treatment of trees near infected trees, shall be amended to read as follows: (a) Whenever the city administrator or designee determines that any oak tree, elm tree,er elm wood, ash tree or any other tree in the city is infected with oak wilt,or Dutch elm fungus,er Dutch elm bark beetles, or Emerald Ash Borer the city administrator or designee may spray or inject all nearby trees likely to be infected with an effective concentrate. Spraying or injecting activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the state commissioner of agriculture and under the supervision of the commissioner and agents of the commissioner whenever possible. Section 9. That Section 82-39 of the City of Elk River Code of Ordinances,titled Transporting diseased wood, shall be amended to read as follows: Loads of oak or elm-rood diseased or insect infested trees shall be properly secured so that twigs, branches and other debris are not lost en route. Section 10. That this ordinance shall take effect upon adoption as provided by law.